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Thread: Summons: what you need to do

  1. #11
    Diamond Member Vanash Naick's Avatar
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    Hi there,
    Im terribly sorry for the late reply! The slings and arrows of outrageous fortune, really!
    1. Fortunately, you do have recourse to the law and there are remedies alternatively defences that you can successfully raise in court;
    2. Im going to start with the end result of this process, the worst case scenario if you will! Default judgment or even judgement where you do appear but cannot raise an acceptable defence!
    3. You need to avoid this at all costs!
    4. The idea is that you will get a legal aid board attorney failing which a university law clinic attorney at a later stage, but you need to act now by doing 2 important things;
    5. I suspect you received a combined summons? You need to file the notice of intention to defend with the plaintiff and clerk of courts within 10 days of the date of summons having been served, you then have 20 days from the date on which summons has been served to file your plea, in your case, its a plea that includes 2 sections, your special plea and then your normal plea. Extinctive prescription can be used as a special plea for third party road accident fund claims. This depends largely on what we call, civilian method of calculating time, Interpretation Act. So it depends on when the accident took place;
    6. You can also defend the action and submit a normal plea as it were, Ill state and confirm this for the record, when people are involved in an accident, they dont really know where to look for the relevant law, they most often try and google the insurance act, and it wont help you even slightly, what will help you however is the law of delict( delictual liability) and the apportionment of damages act.If you go this route, you still need a plea, and your argument will in essence be that according to the reasonable person concept of law, you were not negligent and therefore not liable and that the other party was. This needs to be specifically pleaded in a very specific way;
    7. Just a small note on negligence, in both criminal law and delict, fault is an essential requirement, now fault itself has 2 components, Intention(dolus) and Culpa(negligence). In delictual liability, its culpa(negligence) that is required to find you liable and the test remains the reasonable person test. The reasonable person is merely a fictitious character that the law invents to personify the objective standard of reasonable conduct that the law sets in order to determine negligence.
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  3. #12
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    Good-day Vanash and Dave

    I am in a predicament where my employer is not paying my salary as per my contract.
    I am now having to go the legal course as after several discussions, they believe they are fully intitled to pay me a pro-ratio salary.
    My lawyer has already sent them a letter of demand which they have just ignored.
    Can you give me some details about the summons process? How long do they get once they recieve the summons to give in the notice of intention to defend and how long would this case go on?

  4. #13
    Diamond Member Vanash Naick's Avatar
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    Okay, I won't advise the summons process. I'm being presumptious, the amount outstanding is less than R10 000?
    Instruct your attorney to go 'ordinary application, motion proceeding, form 2 A,' alternatively use the small claims court..Yes, in common law, an employer is obliged to pay pro rata. The Common law was developed through our court decisions. That field of pro rate is ironically enough not even labour law where one would assume it belongs. That field is Unjustified enrichment. Your point of departure is 'spencer v gostelow 1920 ad 617
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    Hi, where do I get the attached file you are talking about?

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by KCLudick View Post
    Hi, where do I get the attached file you are talking about?
    I'm not sure which one you're looking for, but there's an "attached files" section below the text section in the relevant post.
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    Hi,

    My husband & I have been issued with joint summons.

    We utilized a construction company for the building of our house. The construction company has issued us with summons for the interim interest owed and extras on the house, a total amount of R40 000.00

    We would like to submit a counter claim due to the fact that the house was not completed to the agreed specifications and the costs should be off setted as a result.

    Please advise what should the next step be. We were issued with the summon on the 5 October 2015.

    Your urgent assistance will be greatly appreciated.

    Kind Regards,
    Ashnee

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    I received summons

    Hi there

    I received Summons last week Friday.
    My lawyer is saying that I need to pay 15K upfront as it is expensive to defend against repossession of property.
    However I was not aware that my soon to be ex was in arrears, and the house has been sold, there is a signed OTP and money sitting in attorneys trust account just waiting for the buyer to get balance of bond approval.
    What are my options, already 7 days have passed and I needed to respond in 10 days from receipt.

    Rose

  9. #18
    Platinum Member sterne.law@gmail.com's Avatar
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    First put in the notice to defend.
    Having done that you reply to their claim. The non performance is a defence.
    Then in the same reply, or seperate, you put in your claim.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  10. #19
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    Hi Guys
    I urgently need some help I am been sued...
    first of all got a summons today, its for "notice to respondent to show cause section 3(4) of the protection from harassment... Under the claims section of the summons or letter from the other lawyer they are suing me for R500 000, i certainly don't have that kind of money.
    long story, but on a day in April 2015 i phoned someone a couple of times... didn't say a word.
    Got over it and again in November freaked out and actually spoke to the person. now im being sued, they say i posted something on a social media site and called the person something bad. which i never did, and they have no proof or evidence to back up the claim.

    what do i do???

  11. #20
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    1. I don't think it is a summons.
    2. I might be wrong but it is a Notice for you to show cause why the protection order should not be granted.
    3. You should respond to the Notice in the given time frame if you feel that the Protection order should not be granted. I suggest you go see a lawyer asap.

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